Nebraska § 27-1201 Unanticipated
outcome of medical care; civil action; health care provider or employee; use
of certain statements and conduct; limitations

Nebraska Statutes

§ 27-1201 — Unanticipated outcome of medical care; civil action; health care provider or employee; use of certain statements and conduct; limitations

Nebraska·Ch. 27 Courts; Rules of Evidence

(1)In any civil action brought by an alleged victim of an unanticipated outcome of medical care, or in any arbitration proceeding related to such civil action, any and all statements, affirmations, gestures, or conduct expressing apology, sympathy, commiseration, condolence, compassion, or a general sense of benevolence which are made by a health care provider or an employee of a health care provider to the alleged victim, a relative of the alleged victim, or a representative of the alleged victim and which relate to the discomfort, pain, suffering, injury, or death of the alleged victim as a result of the unanticipated outcome of medical care shall be inadmissible as evidence of an admission of liability or as evidence of an admission against interest. A statement of fault which is other

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(1)
In any civil action brought by an alleged victim of an unanticipated outcome
of medical care, or in any arbitration proceeding related to such civil action,
any and all statements, affirmations, gestures, or conduct expressing apology,
sympathy, commiseration, condolence, compassion, or a general sense of benevolence
which are made by a health care provider or an employee of a health care provider
to the alleged victim, a relative of the alleged victim, or a representative
of the alleged victim and which relate to the discomfort, pain, suffering,
injury, or death of the alleged victim as a result of the unanticipated outcome
of medical care shall be inadmissible as evidence of an admission of liability
or as evidence of an admission against interest. A statement of fault which
is otherwise admissible and is part of or in addition to any such communication
shall be admissible.
(2) For purposes of this section, unless the context otherwise
requires:
(a) Health care provider means any person licensed or certified
by the State of Nebraska to deliver health care under the Uniform Credentialing Act and any health care facility
licensed under the Health Care Facility Licensure Act. Health care provider
includes any professional corporation or other professional entity comprised
of such health care providers;
(b) Relative means a patient's spouse, parent, grandparent,
stepfather, stepmother, child, grandchild, brother, sister, stepbrother, stepsister,
half brother, half sister, or spouse's parents. Relative includes persons
related to the patient through adoptive relationships. Relative also includes
any person who has a family-type relationship with the patient;
(c) Representative means a legal guardian, attorney, person
designated to make health care decisions on behalf of a patient under a power
of attorney, or any person recognized in law or custom as a patient's agent;
and
(d) Unanticipated outcome means the outcome of a medical
treatment or procedure that differs from the expected result.

Nebraska § 27-1201 (Unanticipated outcome of medical care; civil action; health care provider or employee; use of certain statements and conduct; limitations) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: Laws 2007, LB373, § 1; Laws 2009, LB35, § 18. Cross References: Health Care Facility Licensure Act, see section 71-401. Uniform Credentialing Act, see section 38-101.